Because physical pain is subjective, proving it typically requires, at a minimum, the injury victim to explain what they’ve gone through. Testimony or statements provided by close friends or family members can also help substantiate the injury victim’s story. In addition, photographic and video evidence of the injuries can help paint a picture of the extent of the injuries, and, in certain situations, can provide the type of “shock” value that help an insurance adjuster or jury relate to what the victim has gone through. In some circumstances, it can be very useful to hire a videographer to record the victim’s struggles after an injury. These “day-in-the-life” videos can do an excellent job of helping the jury see, first-hand, the injury victim’s pain and suffering.
Like all compensatory damages, an injury victim can seek compensation for their future pain. This requires evidence of a reasonable probability that the injury will continue to affect the plaintiff in the future. In most cases involving long-term or permanent injuries, it is very important to prove future pain by consulting with an expert in the field of injury. A medical doctor can help an injury victim establish what the future probably looks like, and provide an opinion of the victim’s likely future pain.
Yes, if you were hurt in a car accident, pain and suffering is “compensable,” meaning you can recover money. Pain and suffering can be challenging to calculate, and how much your accident pain and suffering settlement depends largely on how badly you were hurt, how serious your pain and suffering is, and whether your pain and suffering will be permanent.
Like any other compensable loss following a car accident, pain and suffering is something you have to prove. There are several ways you can prove how your accident pain and suffering is impacting your life:
Maximizing your settlement for pain and suffering is not as simple as telling an insurance company what you are going through. Instead, you have the best chance at securing an outstanding car accident settlement for pain and suffering by working with an experienced attorney. The car accident attorneys at FVF have helped clients recover millions of dollars, and are happy to evaluate your case for free.